Document DDrOY4NoRM04RXGD5DD9M9JKN

Knmpiimentafy issue HAZARDOUS SUBSTANCES ADVISOR Monthly information report on Congressional and regulatory activity to control, monitor or eliminate hazards created by hazardous and toxic substances. VOLUME I NUMBER 1 JANUARY 1980 `IttAide t6e Advi&vi. . . - Page Asbestos: Growing Concern About Adequacy of Regulations............................ 3 Occupational Exposure i Cotton Dust Exposure Limit Okayed by Court............................................................ OSHA Claims American Cyanamid Adopted Worker Sterilization Policy . . Medical Removal Protection Clarified in Lead Standard ................................. Three Appendices to OSHA Lead Standard Are Issued.......................................... OSHA Lists Regulatory Agenda Through March, 1980.............................................. Employees Can Waive the Right to Medical Exams for Respirators. ... OSHA Seeks Information on Job Hazards in Confined Spaces............................ Keep Tobacco Products Out of Workplace, NIOSH Advises ................... ... Court Stays Enforcement of Revised Chlorine Standard..................................... OSHA Seeks Quicker Accident Reporting....................... .... ......................................... Public Can Make Use of NIOSH's Bibliographic Retrieval System .... Worker Injuries, Illnesses Increased Slightly in 1978 ................................. NIOSH Warns About Arsine Poisoning in the Workplace ..................................... OSHA and NIOSH Sign Interagency Agreement............................................................ Agency Is Determined to Prosecute Criminal Violations ................................. OSHA Revises Industry Hygiene Procedures Manual ................................. ... 6 6 7 7 8 11 12 12 13 14 14 15 16 17 18 18 Toxic Substances Premanufacture Notification Form Revised: Reaction Mixed............................ 19 EPA Proposes Health Effects Test Standards Under TSCA ................................. 23 Supplement to TSCA Inventory Available..................................................................... 26 Should Retain Inventory Records Until January 1, 1983, EPA Proposes . 26 Might Allow Dumping of Large PCB Capacitors in Chemical Landfills After January 1, 1980............................................................ .... .................................... 27 EPA Narrowly Interprets PCB Testing Requirements for Hydraulic Machines.................................................................................................................................. 28 Export Notification Regulation for Toxic Substances Proposed................... 29 Ohio Site Added to PCB Disposal Facility List..................................... 30 Propose Reporting Rule on PBBs, Tris.......................................................................... 30 EPA Seeking to Eliminate Duplicative TSCA testing'.......................................... 31 FDA to Inspect Labs for EPA............................................................................................. 31 Hazardous Waste EPA Unable to Meet Court-Imposed Schedule for Promulgating Hazardous Waste Regulations. ................................................................................... Subcommittee Concerned Over Failure to Meet Hazardous Waste Challenge.................................................................................................................... 22 33 (Continued on next page) O Cwga I960 4 PUH..M By J. J. KELLE* l ASSOCIATES. HC NEBtAH. VISC0NSM SMS* .M Hazardous Waste, Continued Pa9e Eckhardt Report-will Be Helpful to EPA in Investigating Hazardous Waste Challenge. ............................ # # . 35 CMA, EPA Cooperate on "Orphaned" Hazardous WasteDisposal Sites ... 36 Organizations Launch Campaign to Clean Up Hazardous Waste Disposal Sites in Country ....................... .............. 3^ Tranportation of Hazardous Materials MTB Revises Requirements for Transporting Asbestos ............................ ... 3^ HM Shipper Certification Requirements Are Clarified..................................... 38 Change Label for International Air Shipments to Etiologic Agents ... DOT, EPA Address Problem of Transporting Hazardous Substances. .... 40 HM Regulations Are Being Enforced...................................................................................41 Clarify Transportation of Lithium Batteries and Cells......................................42 Another Proposal for Improved Descriptions for Emergency Response. . . 43 Pesticides Workers Petition to Ban Use, Production of Herbicide ..................................44 RPAR Process Against Dimethoate Nearing End. ... .......................................... 45 IRLG Testing Guidelines Step in Right Direction................................................... 46 EPA's "New Drug" Exemption Finalized ...... ............................................... 46 RPAR Comment Period Is Extended for EPN......................................................................47 "Tolerance for Residue" Actions Taken by EPA ........................................................47 New Restrictions List Expected in Early Spring ................................................... 48 EPA Implements Policy for Vets........................................................................................ 48 Miscellaneous Many Bills Address Issue of Abandoned, Inactive Hazardous Waste Disposal Sites. ........................................................................................ ...... 49 Superfund Hits Wrong Parties, CMA Testifies.......................................... 53 Tell Workers of Job Hazards, Official Says ............................................................ 54 CPSC Withdraws Its Carcinogen Policy ................................................................................54 IRLG Issues Draft Guideline for Documentation of Epidemiological Studies ................................ . ........................................................ 55 FDA Seeking Voluntary Action to Eliminate Nitrosamine Contamination ........ ................................................................................... 56 Regulatory Council Seeks to Achieve Goals in Most Cost-Effective Way............................................................................................................... 57 CPSC Backs Off on Benzene Ban........................................................................................... 58 FDA Requires Warning Statement on Labels of Coal Tar Dyes Containing 4-MMPD................................................... 58 Act Seeks to Compensate Victims of Occupationally-Induced Asbestos Disease..................................... .... ......................................... Keep Hands Off Nonhazardous Small Businesses, Congress Tells OSHA. .... .......................................................................... HAZARDOUS SUBSTANCES ADVISOR is published, printed, distributed uml i.opyrighti'd h, J '& Assoc sites Inc All rujhts reserved Neither the Advisor nor .m, pert thnieuf out-, ' m uny m,inner without written permission from the publisher d.tor JAMES S KLEINHANS publisher JOHN J KELLER contributing editors PATRICIA lAUX HAfnei; > editori.il m.muyer. GEORGE B McDOWELL products & survi.dm- : n publishing development m.longer TERENCE J QUIRK 111 ^11 ; '1 1 ' customer service mnruger MARK TREMBLE production services director JAMES J KELLER ''V r.itus S85QQ per yeor sold iinnihil subscription n'loro'" upon request J J Ke/ler & Assocmfes b>< TJ5 `414) 122 2848 J* HS ADVISOR * PAGE 3. ASBESTOS: GROWING CONCERN ABOUT ADEQUACY OF REGULATIONS Even though various Federal and State authorities control certain expo sures to asbestos, there is increasing concern that not enough is being done to protect human health from the hazards associated with asbestos fibers. Currently, the Environmental Protection Agency (EPA) regulate:- asbestos fibers in the air and water; the Occupational Safety and Health Administra tion (OSHA) and the Mining Safety and Health Administration (MSHA) regulate workplate exposures; the Department of Transportation (DOT) regulates the commercial transport of asbestos; the Food and Drug Administration (FDA) regulates the use of asbestos by the food and drug industries; and the Consumer Product Safety Commission (CPSC) regulates consumer products con taining asbestos. Yet, there is increasing concern that because of limited mandates, technical difficulties, and other analytical constraints, these standards are not able to deal with the total asbestos problem. As a result, many population segments remain exposed to, and inadequately protected from, both direct and diffuse sources of asbestos. In the past six months, several Federal agencies have announced plans to review present standards and/or investigate new ways to regulate exposure to asbestos fibers, which have been shown to contribute to increased risk of lung damage (asbestosis) and cancer of several human organs and sites. EPA, CPSC JOINT INITIATIVE On October 17, 1979, EPA and CPSC published in the FEDERAL REGISTER two Advance Notices of Proposed Rulemaking (ANPRM) regarding exposure to asbestos. In a joint statement preceding the ANPRMs, the two Agencies assured the pub- . lie that the investigations and possible resulting regulations will be "co ordinated, compatible and nonduplicative." Following is a summary of the two notices: EPA to Use TSCA It appears that EPA is setting the stage for asbestos to be the third substance regulated under the Toxic Substances Control Act (TSCA). The first two were polychlorinated biphenyls (PCBs) and chlorofluorocarbons. Under TSCA, EPA expects to promulgate rules which will reduce and pre vent human health risk from sources which are difficult to control through media-specific (e.g., air and drinking water) or source-specific (e.g., mining) regulation authorized under other Federal laws. The Agency is considering three principal alternatives in its planning to promulgate rules to control the commercial and industrial uses of asbestos: 1. Not developing rules; 2. Promulgating additional rules under other Federal authorities; PAGE 4. HS ADVISOR 3. Promulgating information-gathering rules and defer ring a decision on rules for control until an evalua tion is performed on the information that is submitted. It appears that EPA will take the third alternative and will soon issue a reporting rule under Section 8(a) of TSCA to gather economic and exposure information. The Agency will also promulgate a rule under Section 8(d) of TSCA to require industry to submit unpublished health and safety studies relating to asbestos. After this information is submitted, EPA will study the issue and determine the need for supplementary regulation of asbestos fibers. It should also be noted that EPA previously published an ANPRM (44 FR 54676) under TSCA in which it announced that it's investigating the develop ment of a rule to require surveys to determine whether asbestos hazards are present in public schools because of deteriorating insulation, and con sidering requiring appropriate corrective measures where it finds hazards. CPSC Seeks End to Non-Essential Uses in Consumer Products In its October 17, 1979, ANPRM, the Consumer Product Safety Commission (CPSC) noted that it's concerned that consumer exposure to asbestos from consumer products may present an unreasonable risk of injury and that some consumer products containing asbestos may present a substantial product hazard. In the ANPRM, the CPSC solicited general information on the use of asbestos in consumer products, and described CPSC's regulatory approach to the problem; i.e., to initially seek the elimination of all non-essential uses of asbestos in consumer products from which asbestos fibers are re leased during reasonably foreseeable conditions of use, including misuse. In determining whether a use of asbestos is essential, the Commission will benerally consider a number of factors, including but not limited to the function performed by the asbestos in the product; the benefit derived from the use of asbestos in the product; and the availability, cost and safety of substitutes for asbestos. OSHA MIGHT REVISE ASBESTOS STANDARD The Occupational Safety and Health Administration (OSHA) says that new research on the health hazards of asbestos has prompted concern about the adequacy of its current workplace standard (29CFR 1910.1001). Revision of the standard might include changes to the permissible ex posure limit, and provisions for medical surveillance, monitoring, etc. In addition, a separate standard may be proposed for the construction industry. The staff is conducting an analysis of the need for a new standard. HS ADVISOR e PAGE 5. ASBESTOS EXPOSURE, CIGARETTES DON'T MIX Two researchers have determined that workers exposed to asbestos who also smoke cigarettes are 90 times more vulnerable to lung cancer than similar workers who neither smoke nor handle asbestos. Dr. Irving J. Selikoff of the Mount Sinai School of Medicine, New York, and'E. Cuyler Harmond of the American Cancer Society made these findings after conducting an epidemiological study of 12,051 asbestos insulation workers from January 1, 1967, through December 31, 1976. Death rates for lung cancer (per 100,000 man years, standardized for age) were as follows: 11.3 for men who neither worked with asbestos nor smoked cigarettes; 58.4 for men who worked with asbestos, but did not smoke 122.6 for cigarette smokers who had not worked with asbestos; 601.6 for those who both smoke cigarettes and worked with asbestos. By itself, does asbestos exposure increase the risk of lung cancer? "The answer is yes," the researchers said. "But even four or five times the risk, when the base risk is low, does not result in many cases. On the other hand, smoking itself causes a major increase, and when that high risk is then multiplied manyfold, an immense increase is found; among asbestos workers, unhappily, one in every five deaths is due to lung cancer." The newest data carry the asbestos-smoking interaction a step farther-- to increased risk of death from asbestosis. They found that the asbestosis mortality for men who smoked a pack or more a day was 2.8 times as high as the asbestosis mortality for men who never smoked regularly. The research ers noted that smoking, with its own bronchitis, emphysema and fibrosis, adds an undesirable and sometimes unsupportable burden to the asbestosinduced pneumoconiosis. The researchers also noted that mesothelioma, another asbestos-induced cancer, is not affected by cigarette smoking. "The clinical course is clear," they said. "All workers known to have been exposed to asbestos in the past, whether in shipyards, insulation work, factories, construction trades, brake repair, maintenance work, or otherwise, should be advised never to smoke or, if they are smoking, to stop as soon as possible."